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WELLS v. NORTH CAROLINA BD. OF ALCOHOLIC CONTROL

No. 82-1796.

714 F.2d 340 (1983)

Nathaniel WELLS and Jerry Allen, individually and on behalf of the class of persons, prospective employees and employees of the Alcoholic Beverage Control Stores of the State of North Carolina and Durham County similarly situated, Appellees, v. The NORTH CAROLINA BOARD OF ALCOHOLIC CONTROL; Marvin Speight, Chairman, the North Carolina Board of Alcoholic Control, individually and in his official capacity; Clark S. Brown, and Zeb D. Alley, members, North Carolina Board of Alcoholic Control, individually and in their capacities, Defendants, and The Durham County Board of Alcoholic Control; C.H. Lewis; L.G. Martin; and Ruth Dailey, members, Durham County Board of Alcoholic Control, individually and in their capacities, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1983.

Certiorari Denied January 9, 1984.

Attorney(s) appearing for the Case

William V. McPherson, Jr., Durham, N.C., for appellants.

Robert S. Mahler, Durham, N.C. (Thomas F. Loflin, III, Loflin & Loflin, Durham, N.C., on brief), for appellees.

Before WIDENER and PHILLIPS, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Certiorari Denied January 9, 1984. See 104 S.Ct. 712.

HAYNSWORTH, Senior Circuit Judge:

In this Title VII case (42 U.S.C.A. § 2000e, et seq.), the district court found that the defendant, Durham County Board of Alcoholic Control (ABC), had violated the Act by failing to promote Nathaniel Wells to a position of "Sales Clerk" because of his race and in discharging him in retaliation for his having filed complaints of racial discrimination with the...

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